These Terms and Conditions (“Terms”) are an agreement between you and Constructplicity (“Constructplicity,” “we,” “us,” or “our”). By accessing or using our websites, software, products, or related services (collectively, the “Services”), you agree to these Terms. If you use the Services for an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
1. Eligibility and accounts
You must be at least 18 years old and able to enter into a binding contract to use the Services. You agree to provide accurate account information, keep it current, protect your credentials, and promptly notify us of suspected unauthorized use. You are responsible for activity under your account and for ensuring that authorized users comply with these Terms.
2. Use of the Services
Subject to these Terms and any applicable order form, Constructplicity grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.
You may not:
- Use the Services in violation of law or another person’s rights.
- Upload malicious code or attempt to disrupt, damage, or gain unauthorized access to the Services.
- Reverse engineer, decompile, copy, scrape, or systematically extract the Services except where law expressly permits it.
- Bypass usage limits or security controls, or test vulnerabilities without our written permission.
- Resell, sublicense, or provide the Services to third parties unless an agreement with Constructplicity expressly allows it.
- Use the Services or outputs to develop or train a competing model, product, or service.
- Submit content you do not have the right to use or that is unlawful, harmful, deceptive, or infringing.
3. Customer content
You retain ownership of RFPs, specifications, project documents, messages, and other content you submit to the Services (“Customer Content”). You grant Constructplicity a limited license to host, copy, process, transmit, and display Customer Content only as needed to provide, secure, support, and improve the Services and to meet our legal obligations.
You represent that you have all rights and permissions needed for Constructplicity to process Customer Content. You are responsible for the accuracy, legality, and appropriateness of that content, including any personal or confidential information it contains.
4. Generated outputs and professional judgment
The Services may generate scopes, schedules, summaries, recommendations, and other outputs using automated systems. Outputs may be incomplete, inaccurate, or unsuitable for your project. You must independently review and validate outputs before relying on them.
Constructplicity does not provide architectural, engineering, legal, safety, estimating, scheduling, or other licensed professional services. The Services do not replace qualified professionals, contract review, site investigation, code compliance, or your organization’s safety and quality controls. You remain responsible for all project, bidding, staffing, procurement, scheduling, and construction decisions.
5. Constructplicity intellectual property
Constructplicity and its licensors own the Services, software, designs, documentation, trademarks, and related intellectual property. Except for the limited right to use the Services granted above, these Terms do not transfer any rights to you. If you provide feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or obligation.
6. Third-party services
The Services may integrate with or link to third-party products. Your use of those products is governed by their terms and policies. Constructplicity does not control and is not responsible for third-party services, including their availability, security, or handling of data.
7. Fees, subscriptions, and taxes
Fees, subscription periods, usage limits, and payment terms will be described in the applicable order form or checkout page. Unless stated otherwise, fees are non-refundable and exclude taxes. You authorize us and our payment providers to charge amounts due using your selected payment method. We may suspend access for overdue amounts after providing any notice required by your agreement or applicable law.
8. Confidentiality
Each party may receive non-public information that is identified as confidential or should reasonably be understood to be confidential. The receiving party will use reasonable care to protect that information and use it only to perform under the parties’ agreement. These obligations do not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or lawfully received without restriction.
9. Beta and preview features
Beta, preview, trial, or evaluation features may be changed or discontinued at any time and may be less reliable than generally available features. They are provided for evaluation and may be subject to additional terms or limits.
10. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, create a security or legal risk, fail to pay amounts due, or use the Services in a way that could harm Constructplicity, the Services, or others. Where reasonable, we will provide notice and an opportunity to cure. Provisions that by their nature should survive termination will remain in effect, including ownership, disclaimers, limitations of liability, and dispute terms.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CONSTRUCTPLICITY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT OUTPUTS WILL BE COMPLETE, ACCURATE, CODE-COMPLIANT, OR SUITABLE FOR ANY PARTICULAR PROJECT.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSTRUCTPLICITY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, PROJECT DELAYS, BID LOSSES, OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSTRUCTPLICITY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CONSTRUCTPLICITY FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100. These limitations do not apply where they are prohibited by law.
13. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Constructplicity and its affiliates, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable legal fees) arising from your Customer Content, your unlawful or unauthorized use of the Services, or your material breach of these Terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Unless applicable law requires otherwise, the state and federal courts located in Travis County, Texas will have exclusive jurisdiction over disputes arising from these Terms or the Services, and each party consents to those courts’ jurisdiction and venue.
15. Changes to these Terms
We may update these Terms from time to time. We will post the revised Terms and update the effective date. If a change is material, we will provide additional notice where required. Continued use of the Services after revised Terms take effect means you accept them.
16. General terms
These Terms, together with any applicable order form and referenced policies, are the entire agreement about the Services and supersede prior discussions on that subject. If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; Constructplicity may assign them as part of a merger, reorganization, sale of assets, or by operation of law.
17. Contact us
Questions about these Terms can be sent to hello@constructplicity.com. Please include “Terms” in the subject line so we can route it appropriately.